When should I be able to apply for ILR?

[marcnath]

Do you have a reference please regarding the 104 weeks pre 2014?

From the guidance
Pre 6 April 2014 transitional arrangement
178. If you successfully applied to enter the route before 6 April 2014, and you are making an extension application or a settlement application, you may continue to employ (and score points for job creation):
 one worker for 24 months;
 one worker for 6 months and one for 18 months;
 4 workers for 6 months each.

Hi Marcnath, while we're on the subject of ILR, I will be using a solicitor this time, and the solicitor said she will let me know what to prepare near application time. But I wanted to make sure I understand the requirements for ILR (for the 5 years, T1 E, 200K route), in case my solicitor missed something.

Other than:

1) Creation/maintained 2 Jobs for 12 months
2) Life in the UK test, for my self and my wife

what else should I be submitting with my application? Do I need to submit CAR or any other company related/investment documents/Director info from Companies House again?

Read through the guidance and the points needed.
Yes, CAR is still needed.
Cohabitation evidence is another thing that is needed, so that is worth starting to collect now - basically address proof documents for both of you that shows the same address over the full two year period. There is no clear requirement, but if you one document for every three to six months, that should work.

[hamalt66]

Do you have a reference please regarding the 104 weeks pre 2014?

From the guidance
Pre 6 April 2014 transitional arrangement
178. If you successfully applied to enter the route before 6 April 2014, and you are making an extension application or a settlement application, you may continue to employ (and score points for job creation):
 one worker for 24 months;
 one worker for 6 months and one for 18 months;
 4 workers for 6 months each.

Hi Marcnath, while we're on the subject of ILR, I will be using a solicitor this time, and the solicitor said she will let me know what to prepare near application time. But I wanted to make sure I understand the requirements for ILR (for the 5 years, T1 E, 200K route), in case my solicitor missed something.

Other than:

1) Creation/maintained 2 Jobs for 12 months
2) Life in the UK test, for my self and my wife

what else should I be submitting with my application? Do I need to submit CAR or any other company related/investment documents/Director info from Companies House again?

Read through the guidance and the points needed.
Yes, CAR is still needed.
Cohabitation evidence is another thing that is needed, so that is worth starting to collect now - basically address proof documents for both of you that shows the same address over the full two year period. There is no clear requirement, but if you one document for every three to six months, that should work.

Re: Cohabitation evidence, will bank statements for both of us (my wife and myself) showing the same address do?

[hamalt66]

From the guidance
Pre 6 April 2014 transitional arrangement
178. If you successfully applied to enter the route before 6 April 2014, and you are making an extension application or a settlement application, you may continue to employ (and score points for job creation):
 one worker for 24 months;
 one worker for 6 months and one for 18 months;
 4 workers for 6 months each.

Hi Marcnath, while we're on the subject of ILR, I will be using a solicitor this time, and the solicitor said she will let me know what to prepare near application time. But I wanted to make sure I understand the requirements for ILR (for the 5 years, T1 E, 200K route), in case my solicitor missed something.

Other than:

1) Creation/maintained 2 Jobs for 12 months
2) Life in the UK test, for my self and my wife

what else should I be submitting with my application? Do I need to submit CAR or any other company related/investment documents/Director info from Companies House again?

Read through the guidance and the points needed.
Yes, CAR is still needed.
Cohabitation evidence is another thing that is needed, so that is worth starting to collect now - basically address proof documents for both of you that shows the same address over the full two year period. There is no clear requirement, but if you one document for every three to six months, that should work.

Re: Cohabitation evidence, will bank statements for both of us (my wife and myself) showing the same address do?

BTW I always submitted our marriage certificate in previous applications, is this cohabitation evidence required for ILR only?

Sorry to have asked questions that may look silly or obvious to some of you here; but I need to be sure that I haven't missed anything that has possibky been changed or introduced recently, as the immigration laws keep changing almost every year. The psychological torture I have been through during my extension application and refusal that lasted nearly a year has made me paranoid and not very confident regarding the requirements needed for each step of my business project here in the UK! So please bare with me

[marcnath]

Re: Cohabitation evidence, will bank statements for both of us (my wife and myself) showing the same address do?

Yes. Cohabitation is for ILR only

[hamalt66]

Re: Cohabitation evidence, will bank statements for both of us (my wife and myself) showing the same address do?

Yes. Cohabitation is for ILR only

Many thanks Marcnath

[hamalt66]

Hi all, it's been almost a year since I have posted here. This forum is a heaven sent indeed and I wish I have come across it before my first extension and refusal, it would have saved me lots of time and money.

Anyways, I am back seeking help and guidance from the experts in the forum, especially Zimba whom I have bombarded with zillions of questions last year, and was always patient and accurate in answering them.

I have a problem deciding when exactly am I eligible to apply for my ILR. Here is my timeline:

1- Tier 1 Entrepreneur Visa granted 4th January 2013.
2- First application Extension submitted 5th April 2016.
3- Visa expired 5th May 2016 (from this date I was covered by section 3C).
4- Refusal decision reached me on the 3rd of November 2016. Reason: Missing documents.Although I was instructed to apply for AR within 14 days of receiving the decision letter, but I went for fresh application instead to resubmit the missing documents.
5- Fresh (2nd) application submitted on 17th November 2016.
6- Extension Approved on 27 January 2017.


I am still operating the same company since 2013, and continue to employ more than 2 employees full-time since then.

So from my timeline above, please can you help me decide when is the date I should be looking to apply for my ILR?

Many thanks in advance for your kind kind input and feedback.

I would say probably 28 days before 24th Feb 2018?

From 17th Nov 2016 to 27th Jan 2017 (around 50 days) you are not covered by Section 3C rules, so this period of time is excluded from the 5 years ILR rules, therefore you need extra equivalent same-length of a period to be eligible for 5 years ILR. this means, from your T1E visa granted date 4th Jan 2013, you need 5 years, plus this 50 days, to be able to apply ILR based on 5 yrs.
See Section 3C rules here, page 16, Example 1:
https://www.gov.uk/government/uploads/s ... e-v8_0.pdf

You are wrong, the OP did not apply for AR and submitted a new application within 28 days of refusal, which was granted. For ILR purpose, this period will be ignored as it is less than 28 days.

Hi CR001, just following up regarding my overstayed period that hopefully would be ignored for my ILR application as you explained above; would this have any affect at all on my Citizenship a year later when I apply in 2019?

[hamalt66]

I am pleased to let you know that my ILR application has just been approved

The approval was granted exactly 2 months from the date of our Biometrics (2 and a half months from application date).

I would like to thank everyone who helped and advised me during the preparation of my application; and good luck to all of you who are preparing or have submitted theirs.

[hamalt66]

If you applied within the 28 days and your application was approved, all that overstaying period will be ignored.

I am very pleased that my overstaying period has been ignored and my ILR application has been approved. Very happy indeed. I am now looking to apply for BC next May 2019.

Would the overstaying period mentioned in my OP above have any affect at all on my BC application next year?

[marcnath]

If you applied within the 28 days and your application was approved, all that overstaying period will be ignored.

I am very pleased that my overstaying period has been ignored and my ILR application has been approved. Very happy indeed. I am now looking to apply for BC next May 2019.

Would the overstaying period mentioned in my OP above have any affect at all on my BC application next year?

No

[hamalt66]

If you applied within the 28 days and your application was approved, all that overstaying period will be ignored.

I am very pleased that my overstaying period has been ignored and my ILR application has been approved. Very happy indeed. I am now looking to apply for BC next May 2019.

Would the overstaying period mentioned in my OP above have any affect at all on my BC application next year?

No

Thanks Marcnath. It won't affect my BC application because it has already been ignored in my ILR application?

[CR001]

If you applied within the 28 days and your application was approved, all that overstaying period will be ignored.

I am very pleased that my overstaying period has been ignored and my ILR application has been approved. Very happy indeed. I am now looking to apply for BC next May 2019.

Would the overstaying period mentioned in my OP above have any affect at all on my BC application next year?

No

Thanks Marcnath. It won't affect my BC application because it has already been ignored in my ILR application?

ILR rules and Citizenship LAWS are completely different and separate. What might be ignored for ILR,will not necessarily be ignored for citizenship. ILR and Citizenship have different requirements that must be met.

[marcnath]

If you applied within the 28 days and your application was approved, all that overstaying period will be ignored.

I am very pleased that my overstaying period has been ignored and my ILR application has been approved. Very happy indeed. I am now looking to apply for BC next May 2019.

Would the overstaying period mentioned in my OP above have any affect at all on my BC application next year?

No

Thanks Marcnath. It won't affect my BC application because it has already been ignored in my ILR application?

As CR001 pointed out, it is different rules.
While for ILR, it is definitely ignored. It will be checked again for BC and can be excused as a matter of discretion. So, my answer was not strictly correct because it is not a definite No but no, in all probability.

[hamalt66]

I am very pleased that my overstaying period has been ignored and my ILR application has been approved. Very happy indeed. I am now looking to apply for BC next May 2019.

Would the overstaying period mentioned in my OP above have any affect at all on my BC application next year?

No

Thanks Marcnath. It won't affect my BC application because it has already been ignored in my ILR application?

ILR rules and Citizenship LAWS are completely different and separate. What might be ignored for ILR,will not necessarily be ignored for citizenship. ILR and Citizenship have different requirements that must be met.

I presume there are 100s of cases like mine where they submitted a fresh extension application in time but nevertheless it resulted in a period of beyond control overstaying (72 days in my case). Has there been refusals of BC becauseof this? Not sure how to search the forum!

[hamalt66]

No

Thanks Marcnath. It won't affect my BC application because it has already been ignored in my ILR application?

ILR rules and Citizenship LAWS are completely different and separate. What might be ignored for ILR,will not necessarily be ignored for citizenship. ILR and Citizenship have different requirements that must be met.

I presume there are 100s of cases like mine where they submitted a fresh extension application in time but nevertheless it resulted in a period of beyond control overstaying (72 days in my case). Has there been refusals of BC becauseof this? Not sure how to search the forum!

I appreciate your feedback regarding the highlighted quotes below, taken from page 26 of the "Nationality policy: Naturalisation as a British citizen by discretion". Does not this apply to my overstaying period mentioned in the OP?

---------------------------------------------------------
Discretion to waive immigration breaches
There is some discretion to disregard breaches of the immigration laws (unlawful
residence) during the qualifying period. Such breaches only involve being here
without leave to enter or remain...

You must only exercise discretion to disregard a period of unlawful residence if there
are reasons for this which were clearly outside the applicant’s control, or if the
breach was genuinely inadvertent and short.

Examples of when you might exercise discretion include where:

• the breach occurred at a time when the applicant was a minor whose parents
failed to obtain or renew their leave
• the applicant was a victim of domestic violence whose abusive partner
prevented the renewal of leave
• the applicant had made an ‘in-time’application, but the application was rejected
and so they became in breach
o this is provided there is no reason to doubt that the form was submitted in
good faith and a fresh application was submitted within 28 days of the
rejection and before 24 November 2016
-------------------------------------------------------------

[marcnath]

Yes, it does.

And that is exactly the discretion I mentioned in my earlier reply.

It is not guaranteed, but it is something the CW can exercise discretion on and disregard - which I assume they will mostly do rather than not.

[sm12]

Congratulations on your ILR!

In addition to the savings proof, did you send payslips for three months immediately before the application?
What was your full list of documents?

[hamalt66]

Congratulations on your ILR!

In addition to the savings proof, did you send payslips for three months immediately before the application?
What was your full list of documents?

Thanks. I only submitted what's listed in the ILR guidance, nothing more. My advice is to never submit extra documents other than what is needed, as it will delay your application. Good luck!